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2 Answers | Asked in Landlord - Tenant for California on
Q: I am 80 years of age, mobility impaired, and a 7 year tenant who was given a 60 dayjust cause eviction notice.

He did not give me any Ellis Act information and is harassing me for an additional month of rent. Do I have any way to move forward?

Hasti Rahsepar
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Hasti Rahsepar
answered on Mar 14, 2024

If it is City of Los Angeles, then prior to the 60 day notice, you should have received information on the Ellis or should have been served concurrently with the 60 day notice. You would have to see a tenant defense attorney. There are many non-profit defense attorneys available in the Los Angeles... View More

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1 Answer | Asked in Employment Law and Consumer Law for California on
Q: I have email traffic from a vehicle rental agency to my employer misrepresenting me.

It seems as if they intentionally do this to fraudulently bill additional invoices. I do project work and I have not worked since the incident was mostly finalized.

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that a vehicle rental agency may have engaged in misrepresentation and fraudulent billing practices targeting you and your employer. This situation could potentially involve several legal issues under California law:

1. Defamation: If the...
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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

William John Light
William John Light
answered on Mar 14, 2024

There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: I live in California.. I have a tenant at will.. she made a house key copy without permission is that trespassing??

So I allowed her to stay at our house while she can find her own place .. gets charged no money at all and has a pet.. I asked her to just let me know when she will be coming home since she leaves for days at a time and leave her dog here at the house.. never gave her a key house.. one day without... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that the tenant is not trespassing under California law. Here's why:

1. You allowed her to stay at your house while she looks for her own place, which suggests that she has your permission to be there.

2. Even though she made a...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I live in California.. I have a tenant at will.. she made a house key copy without permission is that trespassing??

So I allowed her to stay at our house while she can find her own place .. gets charged no money at all and has a pet.. I asked her to just let me know when she will be coming home since she leaves for days at a time and leave her dog here at the house.. never gave her a key house.. one day without... View More

Hasti Rahsepar
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Hasti Rahsepar
answered on Mar 14, 2024

It is not trespass because she did not technically give you a notice in writing that she is vacating, and she did not enter by force. I am assuming that at some point she had a key. Does she still have personal items at the house.? If at one time she had a key, still has some items there, and she... View More

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1 Answer | Asked in Gov & Administrative Law and Tax Law for California on
Q: Is it possible to sue the state for discrimination regarding property tax?

I pay property tax on my home….the homeless pay no property tax on their home. Discriminatory.

James L. Arrasmith
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answered on Mar 13, 2024

While it is technically possible to sue the state for discrimination regarding property tax, your specific argument about discrimination between homeowners and homeless individuals is unlikely to be successful.

Here's why:

1. Equal Protection Clause: The Equal Protection Clause...
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1 Answer | Asked in Adoption, Criminal Law, Domestic Violence and Family Law for California on
Q: My daughter She has recently provided me with some videos (evidence) of her being abuses by her aunt a cpsworker glennco

She has been adopted in 2010 but now wants to live with Me She continues to run away

James L. Arrasmith
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answered on Mar 13, 2024

I'm so sorry to hear that your daughter has suffered abuse. This is a very serious situation that requires immediate attention. Here are some steps you can take under California law:

1. Report the abuse: Contact the local police department or sheriff's office to report the abuse....
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlord send me a letter saying he is going to start charging for water, 10 years later after signing the lease?
James L. Arrasmith
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answered on Mar 13, 2024

In California, a landlord cannot unilaterally change the terms of a lease agreement after it has been signed, including adding new charges for utilities like water. The specifics of your situation would depend on the type of lease you have:

1. Fixed-term lease: If you have a fixed-term...
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1 Answer | Asked in Immigration Law for California on
Q: Can i travel domestically with my work authorization card

I am waiting for my interview but have the right to work. I have some travelling coming up and i need to know if i can travel on that work authorization card

James L. Arrasmith
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answered on Mar 13, 2024

In most cases, you can travel domestically within the United States using your valid work authorization card (Employment Authorization Document or EAD) as a form of identification. However, it's important to note that the Transportation Security Administration (TSA) has specific requirements... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Even with enough people to qualify for the apartment on their own.I am an orignal tenant that had signed I can't leave?

So Here is my issue: I have been with this apartmet complex for almost 3 years now. I had intially moved in 2021. Since then my roommates have changed since they end up getting job else where. And everytime we had filed rommate addendum with the landlord company. This time around we were trying to... View More

James L. Arrasmith
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answered on Mar 13, 2024

In California, landlords are generally not obligated to remove a tenant from a lease agreement, even if the remaining tenants qualify for the apartment on their own. This is because the original lease agreement is a binding contract between the landlord and all tenants listed on the lease.... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: If a patent is showing as “abandoned” is the product free and clear?

If there are multiple companies producing a product currently and all I can really find is abandoned status patents is it free and clear? What if other companies are claiming patented on websites but I can not find??

James L. Arrasmith
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answered on Mar 13, 2024

In the United States, including California, if a patent is listed as "abandoned," it means that the patent application process was not completed, or the patent holder failed to pay the required maintenance fees. As a result, the invention is no longer protected by patent rights and enters... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: What constitutes abandoned property in CA as in Stock market holdings?

My X spouse has not updated his new address on the joint account .Only I have.

James L. Arrasmith
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answered on Mar 13, 2024

In California, abandoned property, also known as unclaimed property, generally refers to financial assets that have been left inactive by the owner for a specified period. This can include stock market holdings, such as shares or dividends, bank accounts, uncashed checks, and safe deposit box... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord has given 3 days notice to remove washer saying I was given permission. I have been living in home for 6 years

I started complaining in October he then got a property manager and now she has given the notice

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information you've provided, it seems that you have been living in the rental property for 6 years and had permission to have a washer in your unit. However, your landlord has now given you a 3-day notice to remove the washer after you started complaining about an issue in... View More

1 Answer | Asked in Car Accidents for California on
Q: Driver hit me and gave the officer invalid auto insurance information. Can the officer be held liable?

I got hit by a car in a crosswalk. He gave the officer invalid auto insurance info so now I can’t receive treatments and it complicates everything in my life right now.

James L. Arrasmith
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answered on Mar 13, 2024

In California, law enforcement officers are generally not liable for the actions of a third party, such as a driver who provides invalid insurance information. The officer's primary role is to investigate the accident, collect information from the involved parties, and create an accident... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I have been tenant in my current unit for seven years. My mother and I both reside in the unit since the lease.

The landlord has file for Ellis and he is denying my mother as a tenant even though both she and I have resided there for seven years. My name is the only one on the lease agreement. The reason he is doing this is to prevent any special rights my mother may have as a tenant. Aside from her name on... View More

James L. Arrasmith
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answered on Mar 13, 2024

Under California law, a person can be considered a tenant even if their name is not on the lease, as long as they have lived in the unit for a significant period of time and can provide evidence of their residency. Here are some ways you can prove your mother's tenancy to the city:

1....
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2 Answers | Asked in Landlord - Tenant for California on
Q: "Real Party In Interest?" was asked, because I believe that in My Case the Plaintiff-Is Not The Real Party In Interest?

I asked the Question about Why Form:APP-151 says Real Party In Interest and I believe that Real Party In Interest means the True Owner-is this True.To what extent does it Matter What name is listed as the Real Party In Interest?Real Party In Interest applies to the Plaintiff-If the... View More

James L. Arrasmith
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answered on Mar 13, 2024

Under California law, the concept of "Real Party in Interest" is important in legal proceedings. The real party in interest is the person or entity who has the right to bring a lawsuit and is entitled to the benefits if the suit is successful. In most cases, the plaintiff should be the... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: "Real Party In Interest?" was asked, because I believe that in My Case the Plaintiff-Is Not The Real Party In Interest?

I asked the Question about Why Form:APP-151 says Real Party In Interest and I believe that Real Party In Interest means the True Owner-is this True.To what extent does it Matter What name is listed as the Real Party In Interest?Real Party In Interest applies to the Plaintiff-If the... View More

Pardeep Joshi
Pardeep Joshi
answered on Mar 13, 2024

"Real Party In Interest means the True Owner-is this True." ? Not necessarily. A real party in interest is the person or entity who has the right to bring suit even though someone else would ultimately benefit from the suit if it is successful. California Code of Civil Procedure Section... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: What is a Prima Facie Case? How does a Prima Facie Case differ from any other Case?

Is there anything said about a Prima Facie Case in the Rules of Evidence.It seems as though Prima Facie entails how something-Case is presented.I thought that maybe the Rules of Evidence would say something about these Cases.Are Prima Facie Cases allowed both in Civil and Criminal... View More

James L. Arrasmith
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answered on Mar 13, 2024

A prima facie case is a case where the plaintiff has presented sufficient evidence to establish the essential elements of their claim, and if the evidence is not rebutted or contradicted, the plaintiff would be entitled to judgment in their favor. In other words, a prima facie case is one where the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What are my rights when landlord has added a possibly illegal Bulk Telecommuncation Services Addendum to the lease?

I live in a 500-unit complex with a property management team. I have lived here almost 20 years and been responsible for my own internet and cable service. My latest renewal offer includes a rent increase plus a Bulk Telecommunication Services Addendum for cable and internet which amounts to an... View More

James L. Arrasmith
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answered on Mar 13, 2024

In California, landlords have the right to modify the terms of a lease agreement upon renewal, including the addition of new provisions such as the Bulk Telecommunication Services Addendum you mentioned. However, there are certain limitations and requirements that landlords must follow.

1....
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